You can inherit agricultural land in India
However you have to sell it or gift it only to Indian citizens permanently residing in India
NRI to NRI Agriculture land transfer by inheritance
Hello, I will like to know if Father is NRI and Son is NRI as well, Can the NRI son inherit Agriculture land from his NRI father in INDIA? I found below information from MEA website. Please see the last line. What is the case if Father and SON is OCI? Please help me to clarify this confusion! https://www.mea.gov.in/images/pdf/acquisition-and-transfer-of-immovable-property-in-india.pdf (“A person resident outside India who is a citizen of India (NRI) can acquire by way of purchase, any immovable property in India other than agricultural land/plantation property/farm house. He can transfer any immovable property other than agricultural or plantation property or farm house to: a) A person resident outside India who is a citizen of India or b) A person of Indian origin resident outside India or c) A person resident in India. He may transfer agricultural land/ plantation property / farm house acquired by way of inheritance, only to Indian citizens permanently residing in India”)
Asked 3 years ago in Property Law
Religion: Hindu
31 Answers
1. IF NRI person shows that he is in India continuously for 181 days (over 6 months) THEN due to an ancestral agriculturist, he may transfer /gift /inherit "Agricultural Land" by following due procedures of law.
2. Visit the following link, for more INFO into the matter:
https://www.lawyersclubindia.com/forum/Re-Can-Pvt-Ltd-Company-in-Maharashtra-buy-Agricultural-land-15364.asp
3. A regular NRI holding OCI is not entitled to hold agricultural property thru any means. However he may hold NA properties without exceptions (House, Building, Factory, etc.... )
1. An NRI son can inherit agricultural land from his NRI father in India.
The link i provided above clearly says that NRI may transfer agricultural land/ plantation property / farm house acquired by way of inheritance, only to INDIAN CITIZENS PERMANENTLY residing in India But it does not mention anywhere that agriculture land can be transfered to NRI who is not India resident. IF you say NRI can inherit from NRI then Please tell us where does it says in FEMA act that Agriculture land can be inherited by NRI from NRI.
Asked 3 years ago
The word transfer here denotes sale , gift etc of agricultural land
it does not bar NRI from inheriting agricultural land
only creation of third party rights for inherited land can only be to Indian citizens
NRIs who have acquired foreign citizenships are sometimes mislead into believing that they cannot continue to hold agricultural land because foreigners cannot own agricultural land in India. This is not true.
NRIs and Foreign citizens of Indian origin cannot acquire agricultural land by way of gift. They can only acquire agricultural land by inheritance. There is no bar for inheriting agriculture land to NRI.
FEMA doesn't deals with inheritance. However you are entitled to get the property by inheritance.
Regards
There are two phrases, one is acquisition and the other one is inheritance.
The latter happens upon the demise of the property owner to the successor in interest.
The successor can inherit the agriculture property ad a right, even though he may be a NRI .
The former is a transfer of property during the lifetime of the property owner to the person of his choice, in this situation, the transfer of agricultural property from a NRI to another NRI is prohibited.
With the permission of Reserve Bank of India, an NRI son can inherit agricultural land from his NRI father.
You read too many things without understanding the meaning therein hence you are stranded with confusion about prevailing laws.
FEMA has nothing to do with law of inheritance.
A person can inherit the property as a right after the death of his father or mother.
If the agricultural property in India has been left behind by a NRI owner, upon his intestate death, his legal heirs or successors in interest, even though a NRI , are entitled to succeed to the property left behind by the deceased as a right.
This is called inheritance.
This is different to that of the transfer of agricultural property made during the lifetime of NRI to another NRI.
Yes the property can be transferred to the legal hairs by inheritance there is no problem as such even both the parties are non resident Indians.
there are certain provisions relating to the transfer and purchase of the property for persons of Indian origin but these are limited to persons of Indian origin snot to non resident Indians because the non resident position changes depending upon the residential status and once NRI can be resident in India without any formal action
the clause means this - if you, being an NRI, inherit an agricultural land from your father, who is also a NRI, then you can transfer this inherited land only to an Indian resident and to no other
it does not say that you CANNOT inherit the agricultural land from your NRI father!
1. Then NRI son can inherit agricultural land from his NRI father.
2. he shall have to transfer the said agricultural property to a resident Indian and not a NRI if he wants to convey its title to a third party.
1. In the instant case, the agricultural land is being inherited by a NRI son from his NRI father after his demise and the title is not being conveyed by any sort of deed .
2. The NRI son can not sell the said agricultural land to a NRI but shall have to sell it to a resident Indian if he wants to sell the said agricultural land.
- As per law, an NRI or person of Indian origin (PIO), can inherit any immovable property in India, whether it is residential or commercial or an agriculture land.
- Further , if the said agriculture land was obtained by your father NRI , in accordance with the provisions of law relating to foreign exchange, prevalent at the relevant time, then your can inherit the said land.
- But ,if the said agriculture land was acquired by your NRI father , without obtaining permission from the Reserve Bank of India, when the permission was required to be obtained, then this land cannot be inherited by the NRI or PIO, without specific permission of the RBI.
NRI/OCI can even inherit agricultural land which they are otherwise not entitled to acquire by way of purchase.
Yes it can be done as inheritance transfer is allowed in India for agricultural land
Thank you everyone for your responses. I understand now the difference transfer and Inheritance. There are two different meaning. However, i have few questions that is not clear yet. 1. Do RBI permission needed for NRI or OCI son to inherit agriculture land from NRI or OCI father? 2. If a NRI purchase a agriculture land secretly, where and how a complain can be filed? 3. Can an OCI brother inherit agriculture land from Indian Origin Foreign citizen brother?
Asked 3 years ago
1. No, it's not necessary.
It's an exercise of birth right.
2. If the NRI suppresses his identity of NRI and furnishes false identity that he is a resident Indian, then he can purchase the agricultural property in India.
However if the matter is reported to concerned authorities, he may prosecuted under criminal law for various charges including offenses involving FEMA violations..
3. If he is entitled to inherit as a legal heir or successor in interest as per Succession law of India, then there should not be a problem in this inheritance.
1. Yes.
2. FEMA and Inspector General of Stamps and Registration of the concerned State.
3. Yes.
You don’t need RBI permission to inherit agricultural land
2) complain against NRI to RBI
3) OCI can inherit agricultural land from his brother
1. Since your father is an NRI , and if he has already taken permission from the RBI at the time of acquire the said agriculture land , then you not need to take permission again.
2. As per FEMA21/2000 RBI rules , an NRI or PIO cannot acquire agricultural land /farm house/plantation property in India.
- If you will purchase an agriculture land , then it will be a violation of FEMA laws , that can result in a penalty or even confutation of that property.
- Further, to purchase an agricultural property in India, an NRI has to take a prior approval from Reserve Bank of India, But you can acquire this property only by way of inheritance.
1. No, no permissions needed.
No you don't need permission for inheritance.
To RBI ans enforcement Directorate
Yes only relative
Yes, agricultural land can be inherited by NRI from his father.
1. Inheritance is not in RBI control. How can it stop someone from inheriting a property? So no permission is needed
2. Lodge complaint with RBI
3. Yes. Same logic as in 1 above applies
No.
Complain to collector or RBi.
Yes
1. No. Inheritance does not require any permission. It is the right one get as per our Constitution.
2. Agricultural land can not be purchased secretly. One can purchase agricultural land by submitting fake or forged evidence for qualifying himself/herself to buy agricultural land. In that case DM or District Collector can be complained against the said illegal purchase submitting fake documents.
3. Yes, OCI brother can inherit agricultural land from his OCI brother.
1. You can get the land by way of inheritance after death of your father but he cannot transfer the land on your name during his lifetime.
2. RBI permission will be required if your father want to transfer land during his lifetime on your name but chances are that you will not get the permission due clear rules about transfer of agricultural land.
3. Complaint can be filed before police or mail can be sent to RBI regarding purchase of land secretly.
Yeah that is the law.
Agricultural lands can be inherited by a son who is an OCI. But he cannot sell it to any OCI or NRI.
Agricultural lands can be inherited by a son who is an OCI. But he cannot sell it to any OCI or NRI.
Agricultural lands can be inherited by a son who is an OCI. But he cannot sell it to any OCI or NRI.
Agricultural lands can be inherited by a son who is an OCI. But he cannot sell it to any OCI or NRI.
Yes an OCI or Nri may inherit from an OCI father through a will or intestate.